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TAYLOR v. TAYLOR

No. 7915SC645.

263 S.E.2d 351 (1980)

Mary B. TAYLOR v. D. Wayne TAYLOR, Individually, Roland Taylor and wife, Edna H. Taylor; T. C. Taylor and wife, Marjorie A. Taylor; Doris Taylor Robinson and husband, David Robinson; Edward Taylor; Trustees of Cedar Grove Methodist Church; Ervin Taylor; Frances T. Vlakely; Edna May Maynor; Ruby Lee Day; Samuel Taylor.

Court of Appeals of North Carolina.

March 4, 1980.

Attorney(s) appearing for the Case

Graham & Cheshire by Lucius M. Cheshire, Hillsborough, for plaintiff-appellee.

Latham, Wood & Balog by James F. Latham, Graham, for defendants-appellants.

PARKER, Judge.

Defendants' first two assignments of error are each directed to the denial of their motion to dismiss the plaintiff's complaint. They contend that the plaintiff, having filed a dissent to her husband's Will on 23 May 1973, no longer had sufficient interest when this action was commenced on 22 July 1976 to permit her to maintain the action and that because of the dissent the court lacked jurisdiction over the subject matter. We do not agree. The record...

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